INCAP thoughts etc....

wallflood

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Greetings All
I thought Id start this thread as a possible source of information and or experience for those who need and should be on INCAP but arent because of unsympathetic chains of command, or simply because unawareness of the program.

Please post any experience you have regarding the INCAP program you may have, and work arounds etc you utilized successfully in order to be placed in INCAP and remain on it as long as you needed to be.

In my case I was unable to continue working in OCT 2014 or drill with my unit. Because I was not a full time employee I did not qualify for disability (I was denied).

When I approached my unit for assistance they stated they knew of no program to assist me nor could they place me on orders as an AD member who was injured would be.

For those who do not know: INCAP is an incapacitation pay program that places reserve/guard "M-Day" soldiers on disability until such time their injuries are addressed and can return to work and or drill status, or are retired in the IDES process.

This includes members injured at drill, or to or from drill station. If injured at drill you are to immediately notify your chain of command ( I would include an email too), and a LODI is to be initiated.

Your unit should contact your states INCAP manager (yes there is someone who does this full time) and start the ball rolling immediately. If they do not or will not do this you should find and contact this person yourself. I had to contact a civilian contractor in my state in order to get the ball rolling as my unit would do nothing.

Next you will need to get as much documentation as you can get from doctors, LODs, buddy statements etc supporting your case.

You will need a statement from your employer stating you are unable to work. Mostly likely your employer will need a doctors note from you (mine did).

Then you will need to have all your 7574 forms filled out. These get done 3 months at a time. 1 is filled out by a doctor that either is military, or accepts military reimbursement is tricare. This form is good for 90 days.

Your employer will need to fill out a 7574 for each month you are incapacitated. It helps if theyll do this 3 months at a time. My employer didnt like filling these out after awhile but a quick call from my state INCAP manager changed that.

So every 3 months you will have 4 forms to turn into your unit to be signed by your commander and forwarded to your INCAP manager for processing. Most states have a monthly INCAP board to approve new cases, and continue existing cases.

As well, your commander will have to sign these. It cannot be stated enough that you NEED to have a good working relationship with your unit. Not matter how frustrated you may get with them, or what kind of turds they are, remain professional while being persistent.

Hopefully you have been a good soldier, marine, airman etc and not a dirt bag. It shouldnt matter either way as if you are hurt they are supposed to take care of you. Having said that you should be able to see how being a solid service member would help in a situation like this.

There is a 6 month limit on INCAP before it needs to be approved by NGB. This is a formality and nothing to be afraid of. Mine was approved by NGB with no issues.

My VA doctor who signs my 7574 has told me hs has soldiers who have been on this program for as long as 3 years. Ive been on for 7 months. This isnt a ride so please dont misunderstand. But it is a program that exist to help you or your fellows.

There are some BS rules regarding INCAP so be aware. For example, even though its against federal law, the Army has a policy that you cannot receive INCAP while receiving other federal payments ie VA compensation. So if you are a compensated vet you will need to stop those payments or at the very least not cash those checks until such time you come off INCAP. Its worth it trust me. Dont be greedy.

And you should tell your friends and fellows about this program so that others are aware. Spread the word. There is supposed to be an annual brief regarding the INCAP program for all RC members but Ill be damned if I ever got it. Like I said my unit, or anyone else I knew of saw familiar with it It took another member here to inform me of my rights as a soldier, and that the program even existed (thanks bro!!!).

Thats all for now. Ill post more if I think of it. Questions are welcomed-
WF
 
I would add to that a couple things...

First, read over the directions and regulations regarding INCAP, my experience was that the unit and Office of the State Surgeon (OTSS) flat out lied to me on several occasions, everything from "if the injury is over a year old, it doesn't count" to "INCAP is only for Active Duty members". They are DA PAM 135-381 and AR 135-381.

There are two tiers for INCAP;

Tier 1 is if you are Unfit for Duty, the pay for that is FULL TIME Active Duty pay with BAH and BAS, not just what you would have made at drill. Just as importantly if you are Unfit for Duty you qualify for Tier 1 pay even if your civilian employment is still possible, your civilian earnings are just deducted from the INCAP payment. Normally if you are even physically able to show up for drill on limited duty, you also can't do your civilian job.

Tier 2 is if you are Unfit for Work in your civilian job, but can still drill. In that case you will be paid what you normally would have earned at work, minus drill pay and other qualified income, but only up to the level of what your Active Duty pay would be if you were theoretically on Active Duty.

You will have to fight for it, but technically speaking, if you are Unfit for Duty (Tier 1) even if you don't have a civilian employer at the time (a lot of contractors, construction workers, and Union members working seasonal/temporary shut downs fall into this category) you STILL QUALIFY for Tier 1, and should be paid accordingly.

It is truly sad that many units damn well know all about INCAP but play dumb to cheat injured Soldiers out of the safety net and benefits they are DUE at a time when they need them the most and when the Guard/Reserves should be ensuring that no LOD injured Soldier is left in the cold to fend for themselves.

There's a LOT of dirty tricks the units and OTSS play to cheat injured Soldiers. Misinformation and hiding the program is one, refusing to let the Soldier be seen by a military physician for a proper Fitness for Duty Report is another. Sitting on the packet at State, and not sending it to the Incapacitation Review Board is another. The list goes on and on...

One more common violation of the regulations is the Guard/Reserves refusing to pay INCAP until after the LOD is finalized. The regulations clearly state several times that INCAP pay is to commence within 30 days of the Soldier requesting it WHILE the LOD is being processed.

Again your best weapon against the unit or OTSS ignoring and/or violating the regulations is to know what the regulations state and hold them to it.

I recommend that regardless of whether they're paying or delaying your claim, file your monthly INCAP claim packet at the end of every month claimed. Take it to Office Depot or UPS, scan it, and send it by e-mail. That way they can't accuse you of failing to do your part.

VA payments for the SAME time and for the SAME condition as INCAP have to either be stopped, or if already received they can be deducted from the INCAP payment by DFAS.

INCAP is not to be abused, it is a safety net to help those who actually need it, I ask you keep that in mind. But if you can't work and or drill because of an LOD injury, you are DUE INCAP.

This forum has been a God send as a resource from those who have gone through the IDES process as well as INCAP, SSDI, etc... without it I and many others would have been lost. Thank you to the founders, Mr. Jason Perry and Mr. Parker, and all the regulars who still fight on behalf of their fellow Soldiers.

Last but not least, GET THE WORD OUT so that when there's a Soldier in your unit who is unable to work due to his/her LOD injury they will not find themselves alone and uninformed on the safety net in place for them.

Through more than a year of fighting just to hold my unit, OTSS, and NGB to the regulations I have the dubious honor of being a SME on INCAP. Feel free to PM me about any questions.

Hope this helps...
 
FloridaInjuredInCombat
Thanks for the excellent post and lessons learned. Your experience is invaluable. Great input.

Thank God you're finally on INCAP. I hope you got a hefty retro-payment.

And too bad the Army does NOT TAKE CARE OF THEIR OWN. Too bad many commands and commanders do not live the same soldier values we learned and lived by in combat.

God bless, brother-
 
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